Terms of Service

Introduction, Summary and Your Agreement

Warmly welcome and thank you for your interest in AIGAGA LTD. (“AIGAGA”, “Company”). and our website located at https://aigaga.com/ (the “Site”), (including its subsidiaries, affiliates, agents, and service providers, collectively, (“AIGAGA,” WE,” “US” or “OUR”) along with our related websites, hosted applications, and other services provided by us.

These terms of service (and any other terms or information incorporated into them by reference) (collectively the “Terms”) govern your access and use of AIGAGA. These Terms do not alter in any way the terms or conditions of any other agreement you may have with AIGAGA for products, services, or otherwise.

Who we are

AIGAGA is your gateway to a limitless multi-verse where users can generate, share and explore visually stimulating content. GAGA, in AIGAGA stands for: Global Automated Gateway Agentics = GAGA for short abbreviation.

AIGAGA Services, provided by AIGAGA LTD. ("AIGAGA"), offer generative tools that enable users to create two- and three-dimensional images, videos, models and objects. Using text or speech prompts and other inputs, users can generate a wide array of visual effects ("Content") through the platform's generative artificial intelligence (AI) tools.

These Terms of Service are a legally binding contract between you and AIGAGA regarding your use of the Service. AIGAGA's Service enables users to transform unstructured data such as text, voice, images, videos, and various sensor inputs from real or virtual-world objects and environments— into AI-powered 3D content like objects, models, textures, animations, and interactive elements. To employ the Service, users must furnish data such as videos and photos depicting objects, spaces, and locations. Various options within the AIGAGA Service are available at no cost, while others necessitate payment through different subscription plans, including both one-time and recurring payments.

Please read the TOS carefully and be sure you understand it fully. The TOS describes and controls your legal relationship with AIGAGA, the rights you are granting to AIGAGA in any photographs, images, vectors, moving images, animations, films, videos, audiovisual works or other media together with any associated keywords, metadata and/or titles submitted by you to AIGAGA (collectively, "Content"), and the uses AIGAGA may make of the Content.

AIGAGA LTD. is located at 800 N King St. Suite 304 -2840, Wilmington, DE 19801, United States.

Thank you for using AIGAGA!

PLEASE READ THESE TERMS CAREFULLY AND IN THEIR ENTIRETY BEFORE USING THE SITE, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING AN AGREEMENT TO SUBMIT (WITH LIMITED EXCEPTION) ALL CLAIMS THAT YOU MAY HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, YOUR USE OF THE SITE AND OUR COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS.

By accessing or using the Site, you signify that you: (1) have the legal capacity to comply with and agree to comply with these Terms, and (2) are not a minor in the jurisdiction in which you reside. You are not authorized to access or use the Site if you do not meet (1) or (2). If you are not of legal age, do not agree to these Terms, or do not have that authority, you must not access or use the Services, and any use would be wholly unauthorized and in violation of these Terms.

Privacy and Your Information

For information concerning how and why we might collect, store, use, and/or share your personal information when you visit the Site, please read and review our Privacy Policy.

“You,” “your,” and "user" are words in these Terms that are used interchangeably and mean anyone, whether an individual, natural person or under or for any legal entity, whether plural or singular, that accesses and/or uses the Services. For purposes of these Terms, these words also include “Affirmer” as that word is defined and used in the License (as defined below). If you are using the Services on behalf of a business or other entity, you also represent that you have authority to bind them to these Terms.

We reserve the right to update these Terms at any time, with or without notice, for any reason, including but not limited to changes in law and features being added to the website. As further described below, disputes over changes should be handled through an abuse and dispute report.

The Services are provided by AIGAGA LTD. ('AIGAGA') to provide generative tools for users to produce user-generated images from text prompts and other information. You may provide input to the Services (“Input”) and receive output generated and returned by the Services based on the Input (“Output” and, together with Input, collectively, “Content ”). The Services use a generative artificial intelligence (“AI”) tool to produce the Content. This use of Gen-AI is new and still evolving. As a result, while we are taking efforts to preclude your creation of extreme content, we cannot guarantee the suitability or appropriateness of the resulting images you generate. You are solely responsible for using the Services, including your text prompts, generation of Content, and the consequences of your Content Sharing (as defined below).

Accessibility

You, the user, may access our public services if in compliance with our conduct policy. We reserve the right to disable, change, or rebuild the Service temporarily or permanently at any time, with or without notice. Access to these Services is a privilege and can be revoked anytime for any reason stated in our conduct policy.

Accessibility may be limited in countries, territories, or regions located outside of North America and the European Union. We do not accept any liability for the limitations or provide any official support for non-English speaking nations. All limitations on access or language can be reported to our Policy & Privacy Team with no guarantee of improved Service.

Responsibility for Content

Types of Content

You acknowledge that all text, images, video, audio, audiovisual, materials and other content (collectively, "Content"), is the sole responsibility of the party from whom such Content originated. This means that you, and not Company, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available ("Make Available") through AIGAGA ("Your Content"), and that you and other Registered Users of Company Properties, and not Company, are similarly responsible for all Content that you and they Make Available through AIGAGA ("User Content").

No Obligation to Pre-Screen Content

You acknowledge that AIGAGA has no obligation to pre-screen Content (including, but not limited to, User Content), although AIGAGA reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that AIGAGA pre-screens, refuses or removes any Content, you acknowledge that AIGAGA will do so for AIGAGA's benefit, not yours. Without limiting the foregoing, AIGAGA shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.

Storage

Unless expressly agreed to by AIGAGA in writing elsewhere, AIGAGA has no obligation to store any of Your Content that you Make Available on AIGAGA Properties. AIGAGA has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Company Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that AIGAGA retains the right to create reasonable limits on AIGAGA's use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by AIGAGA in its sole discretion.

AIGAGA Use & Ownership of Content

As between you and AIGAGA, AIGAGA owns the Content, including Inputs and Outputs that you generate using the Services to the extent permitted by applicable law. Please be aware that any image you make in a shared or open space, such as a universe, is viewable by anyone online and other users may use or remix your Content whenever it is posted in a shared or open space.

As part of improving the quality of the Services and our generative AI tools, we may collect from you the following content (collectively, “Collected Content”):

  • Prompts (or Inputs)

  • Generated Imagery in 2D or 3D or Video (or Outputs)

  • Aesthetic feedback/ratings

  • A rating survey taken on initial signup, which is used to provide dataset users with a synthetic identity and profile of a user's aesthetic preferences and rating habits

  • Whether a generated image was selected to be upscaled

  • Whether a user is a verified contributor to the Services

  • The specific methods used to generate and upscale images, as these will change over time

We may also collect other data as discussed elsewhere in these Terms.

By using the Services, you grant to us, our successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Collected Content. This license survives termination of this Agreement by any party for any reason.

Unless otherwise expressly indicated by AIGAGA, all content displayed or made available on the Site, including without limitation, text, images, illustrations, designs, logos, domain names, service marks, software, scripts, and the selection, compilation and arrangement of any of the foregoing is owned by AIGAGA, its affiliates, licensors and/or other third parties (“Site Content”). The Site and all Site Content are protected by copyright, trade dress, trademark, moral rights, and other intellectual property laws in the United States, Canada, the United Kingdom, EU, and other international jurisdictions. All rights are reserved.

All registered and unregistered trademarks, logos, and service marks are the property of AIGAGA and/or their respective owners. Nothing displayed or accessed in connection with the Site shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed in connection with the Site without the owner's prior written permission, except as otherwise described herein.

We may, in our sole discretion, make the Collected Content available under a CC0 1.0 Universal Public Domain Dedication license (available at https://creativecommons.org/publicdomain/zero/1.0/) (the “License”). If we are to release your Content under the License, the Content would be public domain and can be used by anyone for any purpose, including by the user.

With respect to images, you upload to AIGAGA.com you represent and warrant that you own all rights, titles, and interests in and to such images, including, without limitation, all copyrights and rights of publicity contained therein. You are responsible for the Content, including ensuring any Content Sharing does not violate any applicable law, intellectual property right of any third party, or these Terms.

Without limiting the foregoing, you acknowledge and agree that AIGAGA may preserve your Inputs and Content and may also disclose your Inputs and Content if required to do so by law or in AIGAGA's good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of AIGAGA, its officers, employees, directors, shareholders, licensors, service providers, agents, and the public.

License

You are granting AIGAGA the non-exclusive right to license and use your submitted content.

  1. I. By submitting any Content to AIGAGA, you grant to AIGAGA a worldwide, sublicensable, non-exclusive right and license to index, analyze, categorize, archive reproduce, prepare derivative works incorporating, publicly display, sell, advertise and market, any Content uploaded by you and accepted by AIGAGA for any reasonable business purpose, including but not limited to the distribution of your Content to AIGAGA customers, to optimize the performance and operation of AIGAGA's platforms and services, and to develop new features and products. You also give permission to AIGAGA to add, modify or remove information related to your Content, including, but not limited to, copyright management information, to manage and license such Content.

  2. II. AIGAGA shall have the right, but not the obligation, to license all Content through any of AIGAGA's brands and platforms to its customers for use in perpetuity in accordance with license agreements entered by AIGAGA, including but not limited to AIGAGA LTD. TOS License Agreements (collectively, "Licenses"). AIGAGA, in its sole discretion, shall determine which of its platform(s) or brand(s) offer any item of submitted Content.

  3. III. You grant AIGAGA a worldwide, non-exclusive right to use your name, display name and Content in connection with AIGAGA's marketing and promotional activities without the payment of any compensation to you. AIGAGA, in the exercise of its discretion, may refrain from any or all of the foregoing without any inability to you.

Community Guidelines

The Community Guidelines, see AIGAGA.com/guidelines for more information, apply to your Content and use of the Services, including any Content Sharing (as defined below). Please review them carefully.

You will not use the Services in any manner described below in “Prohibited Uses.” Before posting, publishing, or otherwise sharing Content with others (collectively, “Content Sharing”), you must carefully consider the potential physical, emotional, mental, financial, and reputational harm it may have on others. Content that may be acceptable, harmless, satirical, artistic, or humorous to you might be perceived as harassing, threatening, intimidating, upsetting, disturbing, embarrassing, distressing, or hateful to someone else.

ANY VIOLATION OF THESE TERMS (INCLUDING THE LICENSE OR COMMUNITY GUIDELINES) MAY RESULT IN THE SUSPENSION OR TERMINATION BY US, IN OUR SOLE DISCRETION, OF YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING A PERMANENT BAN AND YOU WILL FORFEIT ANY REMAINING GAGA POINTS AND FEES PAID FOR THE SERVICES). WE MAY CHANGE THE SERVICES IN OUR SOLE DISCRETION. WE WILL ENDEAVOR TO PROVIDE REASONABLE NOTICE OF ANY SUSPENSION, TERMINATION, OR CHANGE TO YOU BUT MAY DO SO WITHOUT NOTICE IF IN OUR SOLE JUDGMENT, WE NEED TO MAKE CHANGES TO COMPLY WITH LAW, PROTECT OR ENFORCE LEGAL RIGHTS, AVOID OR MITIGATE MISUSE OF THE SERVICES OR ADVERSE LEGAL OR REGULATORY IMPACTS ON US, OR OTHERWISE TO ADDRESS OR PREVENT AN EMERGENCY. IF WE DISABLE YOUR ACCOUNT FOR A VIOLATION OF THE TERMS OR ANY OTHER REASON BASED ON YOUR CONDUCT, YOU MAY NOT CREATE ANOTHER ACCOUNT WITHOUT OUR EXPRESS PERMISSION, WHICH WE MAY WITHHOLD IN OUR SOLE DISCRETION. IF WE LET YOU CREATE A NEW ACCOUNT, IT DOES NOT IMPLY THAT OUR PRIOR DECISION TO DISABLE YOUR ACCOUNT WAS WRONG OR WITHOUT CAUSE. SUSPENSION OR TERMINATION OF YOUR ACCESS TO AND USE OF THE SERVICES WILL NOT TERMINATE AIGAGA'S RIGHTS TO YOUR CONTENT.

Prohibited Uses

We want you to use the Services to express yourself and to develop Content that you find interesting, but not at the expense of the safety and well-being of others. Accordingly, you may not, or assist any other person to:

  • Violate these Terms, the License, or other policies applicable to the Services;

  • Include sensitive personal information (such as phone numbers, residential addresses, health information, social security numbers, driver's license numbers, or other account numbers) about yourself or any other person;

  • Violate the privacy, publicity, or other rights of any third party;

  • Under federal law, specifically the Children's Online Privacy Protection Act (COPPA), children under 13 years old require verifiable parental consent—effectively adult supervision;

  • Further or promote criminal activity or enterprise or provide instructional information about illegal activities;

  • Generate any Content or engage in Content Sharing that a reasonable person could find obscene, lewd, lascivious, offensive, pornographic, indecent, vulgar, prurient, excessively violent, or to be a glorification or promotion of violence or a celebration of the suffering or humiliation of any person or class of people (whether living or deceased) (including visible genitalia, bare breasts, fully-nude buttocks, depictions of suicide or explicit sexual activity, fetishistic content, bodily fluids, bestiality, or imagery that shows violent death or acts of torture);

  • Generate Content or engage in any Content Sharing that has any risk or possibility of exploiting, harming, or endangering the health or well-being of children or other minors (“Children”), such as images of Children in sexualized costumes, poses, or sexual fetishistic context, or which identifies, directly or indirectly, alleged victims of child sexual exploitation, or for the purpose of exploiting, harming or attempting to exploit or harm Children in any way;

  • Generate Content or engage in any Content Sharing that may exploit any vulnerabilities, offend human dignity or may otherwise be defamatory, libelous, harassing, threatening, embarrassing, disparaging, distressing, hateful — racially, ethnically, or otherwise — to a person or class of people, or which may be discriminatory towards a person's or class of people's race, religion, color, age, ethnicity, national origin, disability, physical, or mental characteristics, sexual orientation, gender expression, gender identity, family status, medical or genetic condition, personality characteristics, or physical appearance, including through the material distortion of the behavior of any such person or class of people in a manner that causes or is likely to cause that person or class of people physical or psychological harm; Use the Services or any Content to stalk, harass, abuse, mock, ridicule, intimidate, disparage, defame, threaten, defraud, or otherwise mistreat or harm any person or class of people;

  • Generate Content or engage in any Content Sharing that is intentionally misleading, false, or otherwise inappropriate or with the purpose of harming others, regardless of whether the Content or its dissemination is unlawful;

  • Upload or input in prompts or other Content any materials that: (i) infringe any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law (including but not limited to copyrighted and trademarked material) or under any contractual or fiduciary relationship;

  • Upload any material, program, or software that contains any virus, worm, spyware, Trojan horse or other program or code designed to interrupt, destroy or limit the functionality of the Services, launching a denial-of-service attack, or in any other way attempting to interfere with the functioning and availability of the Services;

  • Interfere with or disrupt the Services or servers or networks connected to the Services;

  • Access or otherwise obtain any materials or information through any means not intentionally made available or provided for by AIGAGA to you through the Services;

  • Use the Services in any way that violates any applicable national, federal, state, local or international law or regulation; or

  • Attempt to do any of the above.

The Services may block certain text prompts and blur resulting Content if we find (in our sole judgment) the prompt or resulting image too graphic, offensive, insensitive, or hurtful, even in circumstances where you may not have had any ill intent or where the Content does not otherwise violate the prohibitions described above. We may also block text prompts or block or remove Content that we otherwise find objectionable or that we believe in our reasonable judgment may expose us or others to any harm or liability.

Fees and Purchase Terms

Paid accounts

Billing. If you purchase any Services on AIGAGA.com, you will provide a valid payment method and accurate billing information, including. For paid subscriptions, AIGAGA will automatically charge your payment method on each agreed-upon renewal date until you cancel. When required, you are responsible for all applicable taxes. If your payment cannot be completed, we may downgrade your account or suspend access until payment is received.

GAGA Points. You can pay for some Services in advance by purchasing GAGA Points. All GAGA Points are subject to our GAGA Points Terms.

Cancellation. You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.

Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days' notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

Payments

When you purchase our Services (each such purchase), you expressly authorize us or our third-party payment processor to charge you for such Services. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide AIGAGA with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) through a payment provider ("Payment Provider"), or purchase order information, as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities. By providing AIGAGA with your credit card number or PayPal account and associated payment information, you agree that Company is authorized to immediately invoice your Account for all fees and charges due and payable to AIGAGA hereunder and that no additional notice or consent is required. You agree to immediately notify AIGAGA of any change in your billing address or the credit card or PayPal account used for payment hereunder. AIGAGA reserves the right at any time to change its prices and billing methods, either immediately upon posting on AIGAGA or by e-mail delivery to you.

Excessive Usage

We shall have the right at our sole discretion, including but not limited to where Paid Users are believed to have misused the Service or otherwise use the Service in an excessive manner compared to the anticipated standard use (at our sole discretion), to charge a different price for the Subscription and/or impose additional restrictions as for the upload, storage, download and use of the Service, including but not limited to, restrictions on Third Party Services, network traffic and bandwidth, size and/or length of content, quality and/or format of content, sources of content, volume of download time, etc.

  1. I. You represent and warrant that you have the legal right to use all payment methods that you provide to us.

  2. II. All fees are stated in U.S. Dollars (unless otherwise stated during the payment process), non-cancelable, non-refundable (except as otherwise expressly set forth in these Terms), and not subject to setoff.

Service Subscription Fees

You will be responsible for payment of the applicable fee for any Services (each, a "Service Subscription Fee") at the time you create your Account and select your package (each, a "Service Commencement Date"). Except as set forth in the Agreement, all fees for the Services are non-refundable. No contract will exist between you and Company for the Services until Company accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.

Taxes

The payments required under Service Subscription Fees of this Agreement do not include any Sales Tax that may be due in connection with the services provided under this Agreement. If AIGAGA determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, AIGAGA shall collect such Sales Tax in addition to the payments required under Service Subscription Fees section of this Agreement. If any services, or payments for any services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify AIGAGA for any liability or expense AIGAGA may incur in connection with such Sales Taxes. Upon Company's request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, "Sales Tax" shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

Withholding Taxes

You agree to make all payments of fees to AIGAGA free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to AIGAGA will be your sole responsibility, and you will provide us with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

Automatic Renewal

Your subscription will continue indefinitely until terminated in accordance with the Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a "Renewal Commencement Date") and continue for an additional equivalent period, at AIGAGA's then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least thirty (30) days prior to the Renewal Commencement Date (or in the event that you receive a notice from AIGAGA that your subscription will be automatically renewed, you will have thirty (30) days from the date of the Company notice). If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please log in and go to the billing page for cancelling. If you cancel or downgrade your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize AIGAGA to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if AIGAGA does not receive payment from your Payment Provider:

  1. I. you agree to pay all amounts due on your Account upon demand; and,

  2. II. you agree that AIGAGA may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

Refund and Cancellation Policy

  1. I. Digital Products and Content

    Due to the nature of digital products (downloadable software, ebooks, digital courses, templates), all sales are final and non-refundable. Once a digital product as been purchased and downloaded, it cannot be returned.

  2. II. Exceptions to Non-Refundable Policies

    We will only offer a refund, exchange, or store credit if the digital product is deemed faulty, defective, or does not match the description provided on our website.

    • Request Timeframe: If a product is faulty, you must contact us at cs@AIGAGA.com within 14 days of purchase.

    • Proof of Purchase: A valid receipt or order number is required for all refund requests.

  3. III. Refunds for Subscriptions

    If you have purchased a subscription service, you may cancel at any time, but we do not offer prorated refunds for the remaining time in your billing cycle.

  4. IV. General Refund Policy All purchases of GAGA Points and subscriptions to AIGAGA digital services are final and non-refundable. By purchasing GAGA Points, you acknowledge and agree that you are purchasing digital goods that are immediately made available to you.

  5. V. GAGA Points and Usage GAGA Points represent compute resources and digital access on the Global Automated Gateway Agentics platform. Once GAGA Points are purchased and added to your account, they cannot be exchanged, refunded, or redeemed for cash, fiat currency, or any other method of payment. Unused GAGA Points remain in your account until they are consumed or expire, but will not be refunded if you choose to close your account.

  6. VI. Service Interruptions and Errors While we strive for maximum uptime, AIGAGA does not guarantee that our digital services will be entirely free of errors or interruptions. In the event of a documented system failure, bug, or technical issue on our end that results in a failed generation or an erroneous charge of GAGA Points, our sole liability—and your sole remedy—will be the re-issuance of the lost GAGA Points to your account. We do not provide cash refunds for service interruptions.

  7. VII. Chargebacks and Payment Disputes If a chargeback or payment dispute is initiated with your bank or credit card provider for a valid purchase of GAGA Points, we reserve the right to immediately suspend or terminate your account and revoke any remaining GAGA Points until the dispute is resolved.

  8. VIII. Exceptions We recognize that billing errors can occasionally happen. If you believe you were charged multiple times for a single transaction in error, please contact our support team within 14 days of the charge. Exceptions for obvious administrative errors are made at the sole discretion of AIGAGA.

Termination And Suspension

Termination

You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:

  • You breached these Terms or our AIGAGA.com Acceptable Use Policy.

  • We must do so to comply with the law.

  • Your use of our Services could cause risk or harm to OpenAI, our users, or anyone else.

We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.

Appeals

If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting our Support team.

Discontinuation of Services

We may decide to discontinue our Services, but if we do, we will give you notice.

Account Termination

If your account is terminated or suspended due to a violation of our Terms of Service, any remaining GAGA Points in your account will be refund for any prepaid, unused Services.

Privacy Policy

Please read and review our Privacy Policy.

Feedback

We always love to receive feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). You acknowledge that any Feedback provided by you to AIGAGA is not confidential and that AIGAGA and its affiliates will be entitled to the unrestricted use and dissemination of such Feedback for any purpose without providing any compensation or other attribution or acknowledgment to you.

DMCA Copyright Infringement Notice

We have implemented the procedures described in the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, regarding reporting alleged copyright infringement and removing or disabling access to infringing material. If you have a good faith belief that copyrighted material in the Services is being used in a way that infringes copyright over which you are authorized to act, you may make a Notice of Infringing Material.

Before serving a Notice of Infringing Material, you may contact a lawyer to understand better your rights and obligations under the DMCA and other applicable laws. For example, if your Notice fails to comply with all requirements of sections 512(c)(3), your Notice may not be effective.

Termination of Repeat Infringers

We will terminate or disable your use of the Site in appropriate circumstances if we deem you to be a repeat copyright infringer.

Notices must be sent to:

Use this form to file an Objection:

AIGAGA.com/Copyright infringement notification

Or

DMCA Agent: Eylaya
AIGAGA LTD. (https://aigaga.com/) c/o Legal
Address: 800 N King St. Suite 304 -2840, Wilmington, DE 19801 United States
Email: legal@aigaga.com

Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE SERVICES OR CONTENT AND DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AIGAGA MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

AIGAGA reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that AIGAGA will not be liable to you or any third party for any modification or discontinuance of the Services, except as outlined in the “Limitation of Liability” section below.

You understand that we are not responsible for any activities or legal consequences of your use of the Services. Users are responsible for using the Services in compliance with all applicable laws and regulations of the jurisdictions in which such users are domiciled, reside, or are located at the time of such access or use, the jurisdictions into which such users direct any Content Sharing, as well as these Terms.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER AIGAGA NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AND AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AIGAGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY RELATED INFORMATION; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY CONTENT; (C) CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS) OF THE SERVICES; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL AIGAGA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE PRICE YOU PAID FOR THE AMOUNT OF GAGA POINTS CONSUMED BY THE SERVICE IN THE LAST TWELVE (12) MONTHS. IF YOU ARE MERELY DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THESE TERMS MUST BE FILED BY YOU WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Links to and From Other Websites

You may gain access to other websites via links on the Site. These Terms apply to the Site only and do not apply to other parties' websites. Similarly, you may have come to the Site via a link from another website. The terms of use of other websites do not apply to the Site. AIGAGA assumes no responsibility for any terms of use or material outside the Site accessed via any link. You are free to establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your website or service by AIGAGA or the Site. Unless expressly agreed to by us in writing, reference to any of our products, services, processes or other information by trade name, trademark, logo, or otherwise by you or any third party does not constitute or imply endorsement, sponsorship or recommendation thereof by us. You may not, without our prior written permission, frame or inline link any of the content of the Site, scrape the Site or incorporate into another website or other service any of our material, content or intellectual property unless we otherwise permit you to do so in accordance with a license or subject to separate terms.

Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

1. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You and AIGAGA agree that any and all disputes, claims, demands, or causes of action (“Claims”) that have arisen or may arise between you and us, whether arising out of or relating to these Terms, the Site, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration before a neutral arbitrator, rather than in a court by a judge or jury, in accordance with the terms of this Arbitration Agreement, except that you or we may (but are not required to) assert individual Claims in small claims court if such Claims are within the scope of such court's jurisdiction. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action and that our respective rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

2. Prohibition of Class and Representative Actions and Non-Individualised Relief

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

3. Pre-Arbitration Dispute Resolution

Before commencing any arbitration (or suit in small claims court, if available), you agree to provide AIGAGA with a written notice of Claim, and AIGAGA agrees to provide you with a written notice of Claim to the extent reasonably possible based on the availability of your contact information to AIGAGA (“Notice”). The Notice to AIGAGA LTD. shall be sent to legal@aigaga.com with a paper copy to c/o Legal, Eylaya - 800 N King St. Suite 304 -2840, Wilmington, DE 19801, United States. Where AIGAGA has your contact information, AIGAGA will send its Notice to you using the last email address we have on file for you if you have provided us with an email address (each, a “Notice Address”). The Notice must (i) describe the nature and basis of the Claim in sufficient detail to evaluate the merits of the claiming party's Claim and (ii) set forth the specific relief sought, including the amount of money (if any) that is demanded and the means by which the demanding party calculated the claimed amount. Both parties agree that they will attempt to resolve a Claim through informal negotiation within sixty (60) calendar days of receiving the Notice. If the Claim is not resolved within sixty (60) calendar days after receiving the Notice, you or we may commence an arbitration proceeding. Each party agrees that state and federal courts in New York, New York, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.

4. Arbitration Procedures

The Federal Arbitration Act fully applies to the Arbitration Agreement. A neutral arbitrator will conduct the arbitration in accordance with the American Arbitration Association's (“AAA”) Consumer Arbitration Rules in effect at the time that such arbitration is initiated (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. Information about the AAA Rules and fees for consumer disputes can be found on the AAA's consumer arbitration page: https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms will be controlled. The arbitrator must also follow the provisions of these Terms as a court would. Except as set forth above, all issues are for the arbitrator to decide, including, but not limited to, threshold issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement and issues relating to (a) whether the terms of these Terms (or any aspect thereof) are enforceable, unconscionable, or illusory and (b) any defense to arbitration, including waiver, delay, laches, or estoppel. During arbitration proceedings, the amount of any settlement offers made by AIGAGA or you shall not be disclosed to the arbitrator. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. While an arbitrator may award declaratory or injunctive relief, the arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party's Claim. The arbitrator's decision and judgment thereon will not have a precedent or collateral estoppel effect on any other Claim. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any arbitration hearings will occur in New York, New York, at another mutually agreeable location or, if both parties agree, by telephone or video conference. Whether the arbitration will be conducted solely based on documents submitted to the arbitrator or by a hearing will be determined in accordance with the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

5. Small Claims Court

Subject to applicable jurisdictional requirements, either party may elect to pursue a Claim in a local small claims court rather than through arbitration so long as the matter remains in a small claims court and proceeds only on an individual basis.

6. Cost of Arbitration

Payment of all filing, administration and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules unless otherwise provided in this Arbitration Agreement. If you are able to demonstrate to the arbitrator's satisfaction that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, we will pay your portion of such fees, subject to allocation in the arbitrator's award. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The AAA Rules will govern any payment of attorneys' fees.

7. Confidentiality

Each of the parties shall maintain the strictly confidential nature of the arbitration, including all aspects of the arbitration proceeding and any ruling, decision, or award by the arbitrator, and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other results of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by law.

8. Opt-Out

You may reject this Arbitration Agreement, in which case only a court may be used to resolve any Claim. To reject this provision, you must send us an opt-out notice (the “Opt-Out”) within thirty (30) days after you first access the Site. The Opt-Out must be sent to the AIGAGA Notice Address. The Opt-Out must include your name, phone number and the email address you used to sign up and use the Site. This is the only way of opting out of this Arbitration Agreement. Opting out will not affect any other aspect of these Terms and will not affect any other or future agreements you may reach to arbitrate with us.

9. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Arbitration Procedures above titled “Prohibition of Class and Representative Actions and Non-Individualised Relief” is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable, and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Paragraph 2 above, titled “Prohibition of Class and Representative Actions and Non-Individualised Relief,” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void unless such provisions are deemed to be invalid or unenforceable solely with respect to Claims for public injunctive relief. The remainder of these Terms will continue to apply.

10. Indemnification

Users, by use of the Services, hereby agree to indemnify and hold harmless AIGAGA against any and all Claims arising out of and relating in any way to intellectual property infringement claims made against AIGAGA concerning your Content if such Claims inure to your benefit in any way and also to hold harmless and indemnify AIGAGA against all Claims relating in any way to your use of the Services. This indemnity includes reimbursement to AIGAGA for any applicable court costs and expenses of litigation, including but not limited to reasonable attorneys' fees, and reimbursement for any losses and liabilities of AIGAGA, including but not limited to judgments, settlements, fees, costs, expenses, legal debts, legal obligations, and any third-party Claims against AIGAGA.

AIGAGA makes no warranties or representations concerning user Content and is not responsible for unauthorized use. Users are responsible for using the Services only as authorized and in compliance with applicable laws of the jurisdictions in which such users are domiciled, reside, or are located at the time of such use. Users who observe unauthorized or illegal use of the Services are encouraged to report such conduct immediately to AIGAGA for review.

Choice of Law

Any and all Claims shall be governed by the Federal Arbitration Act and the internal substantive laws of the State of New York in all respects, without regard for the jurisdiction or forum in which the user is domiciled, resides, or located at the time of such access or use. Except as provided in the Arbitration Agreement, all Claims will be brought in the federal or state courts located in New York, and you and AIGAGA each unconditionally, voluntarily, and irrevocably consent to those courts' exclusive personal jurisdiction and venue.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS THAT IS NOT SUBJECT TO ARBITRATION, AS SET FORTH ABOVE.

A printed version of these Terms and any other notice given in electronic form will be admissible in any arbitral, judicial, or administrative proceedings based upon or relating to these Terms and your use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

11. Waiver and Severability

If you do not comply with a portion of these Terms and we do not take action immediately, this does not mean we are giving up any of our rights under these Terms. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or arbitrator, the remainder of the Terms shall be enforced to the maximum extent permitted by law.

12. Entire Agreement - Construction

These Terms, including the License and Privacy Policy, contain the entire agreement between you and AIGAGA regarding your use of the Services and supersede any prior or contemporaneous agreements, communications, or understandings between you and AIGAGA on that subject. In the event of any conflict between these Terms and the License, these Terms control.

13. Assignment and Delegation

You may not assign or delegate these Terms or any rights or obligations under these Terms. Any attempted or purported attempted assignment or delegation shall be null and void and will automatically terminate your right to use the Services. We may assign or delegate these Terms or any rights or obligations under these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets or to any affiliate or as part of a corporate reorganization.

14. Notices

All notices to AIGAGA under these Terms, unless otherwise specified, shall be sent to legal@aigaga.com. We may notify you using the membership registration information you provided when you signed up to access the Services, including the email address associated with your use of the Services. Service of any notice will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by postal mail.

Changes to These Terms

We may change or modify these Terms by posting a revised version on the AIGAGA website, or by otherwise providing notice to you, and will state at the top of the revised Terms the date they were last revised. Changes will not apply retroactively and will become effective no earlier than fifteen (15) calendar days after they are posted, except for changes addressing new Service functions or changes made for legal reasons, which will be effective immediately. Your continued use of the Services after any change means you agree to the new Terms.

Effective Date: June 1, 2026